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1. The Defendants jointly and severally pay to the Plaintiff KRW 91,638,679 and KRW 30,000 among them, from March 5, 2016.
Reasons
1. Facts of recognition;
A. On November 28, 2003, the Gyeyang-dong Saemaul Savings Depository extended a loan to Defendant A at the interest rate of KRW 30 million and interest rate of KRW 13% per annum and 22% per annum, repayment date of November 28, 2005 (hereinafter “instant loan”). Defendant B guaranteed the instant loan obligations on the same day.
B. On March 12, 2007, Yangyang-dong Saemaul Savings Depository: (a) transferred the instant loan principal and interest claims to the Federation of community credit cooperatives; and (b) on April 18, 2014, the Federation of community credit cooperatives assigned the instant loan principal and interest claims to the Plaintiff; and (c) on August 20, 2014, the Yangyang-dong Saemaul Savings Depository and the Federation of community credit cooperatives notified Defendant A that each of the instant loan principal
C. The Plaintiff’s claim for the principal and interest of the instant loan amounting to KRW 91,638,679 (i.e., principal amounting to KRW 30,00,000 and liquidated damages amounting to KRW 61,638,679).
Defendant A filed a lawsuit (Seoul Southern District Court 2005Gahap21310, Seoul Southern District Court 2005Gahap21310) that the loan claim of this case does not exist against the Gyeyang-dong Saemaul Bank, but on November 2, 2006, the judgment dismissing the claim of Defendant A (Plaintiff A in the above case) was rendered, and the above judgment became final and conclusive around that time.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings
2. According to the above facts, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum from March 5, 2016 to the date following the last delivery date of the copy of the instant complaint, as sought by the Plaintiff, to the Plaintiff, the transferee of the instant loan claim, as the principal and interest of the instant loan amounting to KRW 91,638,679, and the principal amounting to KRW 30,000,000 among them.
3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.